Prosecution Insights
Last updated: October 04, 2026
Application No. 18/076,179

POWER HEADROOM REPORT PHR REPORTING METHOD AND APPARATUS, AND TERMINAL

Final Rejection §102§103
Filed
Dec 06, 2022
Priority
Jun 09, 2020 — CN 202010526468.X +1 more
Examiner
LE, LANA N
Art Unit
2648
Tech Center
2600 — Communications
Assignee
Vivo Mobile Communication Co., Ltd.
OA Round
4 (Final)
82%
Grant Probability
Favorable
5-6
OA Rounds
0m
Est. Remaining
96%
With Interview

Examiner Intelligence

Grants 82% — above average
82%
Career Allowance Rate
502 granted / 615 resolved
+19.6% vs TC avg
Moderate +14% lift
Without
With
+13.9%
Interview Lift
resolved cases with interview
Typical timeline
2y 11m
Avg Prosecution
37 currently pending
Career history
648
Total Applications
across all art units

Statute-Specific Performance

§101
2.8%
-37.2% vs TC avg
§103
56.2%
+16.2% vs TC avg
§102
20.9%
-19.1% vs TC avg
§112
9.6%
-30.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 615 resolved cases

Office Action

§102 §103
DETAILED ACTION Notice of Pre-AIA or AIA Status The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Response to Arguments Applicant's arguments filed 06/10/2026 have been fully considered but they are not persuasive. Regarding claim 1, applicant argues that You et al in combination with Shih et al fail to disclose wherein the first condition further comprises at least one of the following: a first radio resource control RRC message has been received, wherein the first RRC message is used to indicate resuming the cell group; a second RRC message has been received, wherein the second RRC message is used to indicate adding or configuring the cell group to a non-suspended state. However, the examiner respectfully disagrees. Shih et al teach in NR RRC Resume procedure, the UE applies a default MAC Cell Group configuration during initiation of the RRC Resume procedure, the default MAC Cell Group configuration includes bsr-Config and PHR-Config, indicating the default timer length for timers related to BSR and PHR procedure, respectively, the UE uses the default timer length for these timers until the corresponding parameters, i.e. bsr-Config. and PHR-Config., are reconfigured by the network (e.g. upon reception of a RRC Resume message, in which case the UE enters RRC_CONNECTED state; see provisional application 62/956,693 page 21, lines 13-19). Applicant further argues that the provisional application 62/956,693 of the cited reference, Shih et al, does not have the subject matter provided in the reference and thus the priority date of the provisional application does not apply. However, the examiner respectfully disagrees. Page 21, lines 13 - page 22, line 7 of the provisional application 62/956,693 of the cited reference, Shih et al clearly provide evidence cited above for the subject matter in the reference Shih et al. Thus, Shih et al disclose the UE triggers a PHR when the UE is in RRC_CONNECTED state, where the UE may enter RRC_CONNECTED state in response to receiving the RRC Resume message, the UE triggers the PHR in response to configuration of PHR functionality, e.g. the UE triggers the PHR in response to configuration of the PHR functionality by one or more upper layers, such as RRC; in a RRC Resume procedure in NR, the UE may initially apply a MAC Cell Group configuration comprising PHR-Configuration which indicates a second default timer length for a second timer related to a PHR procedure where the UE triggers the PHR in response to configuration of PHR functionality by the RRC; paras. [0380], [0412], [0474], [0443]-[0447], [0509], [0531], [0532]; Fig. 5). As a result, given the broadest reasonable interpretation according to MPEP 2111, the cited prior art still read on the current claims 1, 13, and 20. Claims 6, 12, 18, and 21-23 remains objected to as having allowable subject matter. Claim Rejections - 35 USC § 103 The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. Claims 1, 13, and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by You et al (WO 2017,049,425; hereinafter You) in view of Shih et al (US 2021/0,211,994; hereinafter Shih). Regarding claims 1, 13, and 20, You disclose a terminal (900) and a power headroom report PHR reporting method applied to a terminal (900), comprising an memory (920), an processor (910), and an non-transitory readable storage medium (storage medium), wherein the readable storage medium stores a program or instructions, and the program or instructions, when being executed by a processor (910), a program stored in the memory and executable on the processor, wherein when the program is executed by the processor (pg. 30, lines 7-16, pg. 31, lines 3-29), the processor (910) is configured to: trigger a PHR in a case that a first condition is satisfied wherein a cell group is resumed, wherein the cell group comprises a secondary cell (page 12, lines 6-12; condition 4, any secondary cell (Scell) is activated with an uplink; pg. 30, lines 7-12). You do not explicitly disclose wherein the first condition further comprises at least one of the following: a first radio resource control RRC message has been received, wherein the first RRC message is used to indicate resuming the cell group; a second RRC message has been received, wherein the second RRC message is used to indicate adding or configuring the cell group to a non-suspended state. In the same field of endeavor, Shih disclose the first condition further comprises at least one of the following: a first radio resource control RRC message has been received, wherein the first RRC message is used to indicate resuming the cell group; a second RRC message has been received, wherein the second RRC message is used to indicate adding or configuring the cell group to a non-suspended state (in one embodiment, the UE triggers a second PHR when the UE is in RRC_CONNECTED state, where the UE may enter RRC_CONNECTED state in response to receiving the RRC Resume message, the UE triggers the PHR in response to configuration of PHR functionality, e.g. the UE triggers the PHR in response to configuration of the PHR functionality by one or more upper layers, such as RRC; in a RRC Resume procedure in NR, the UE may initially apply a MAC Cell Group configuration comprising PHR-Configuration which indicates a second default timer length for a second timer related to a PHR procedure where the UE triggers the PHR in response to configuration of PHR functionality by the RRC; paras. [0380], [0412], [0474], [0443]-[0447], [0509], [0531], [0532]; Fig. 5). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to do so in order to provide high data throughput to realize in demand communication of large amount of data to and from mobile communication devices in wireless communication networks (Shih; ¶ [0002]). Allowable Subject Matter 5. Claims 6, 12, 18, and 21-23 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Regarding claim 6 and 22, You disclose the method and non-transitory readable storage medium according to claim 1 and 20 respectively, wherein the cited prior art fails to further disclose or fairly suggest the first condition further comprises at least one of the following: a first MAC control element CE has been received, wherein the MAC CE is used to indicate resuming the cell group; a second MAC CE has been received, wherein the second MAC CE is used to indicate switching the SpCell and the SCell in the cell group to the activated state; first downlink control information DCI has been received, wherein the first DCI is used to indicate resuming the cell group; second DCI has been received, wherein the second DCI is used to indicate switching the SpCell and the SCell in the cell group to the non-dormant BWP; and a suspend timer expires, wherein the suspend timer is used for triggering resumption of the cell group. Regarding claim 12, 21, and 23, You disclose the method, terminal, and non-transitory readable storage medium according to claim 1, 13, and 20 respectively, wherein the cited prior art fails to further disclose or fairly suggest the PHR comprises PHRs of all serving cells that are in the activated state, wherein a PHR variation of the serving cell in the activated state is greater than or equal to a first preset value, and a reference value of the PHR variation is a PHR of the serving cell that is sent last time. Regarding claim 18, You disclose the terminal according to claim 13, wherein the first condition further comprises at least one of the following: a first media access control (MAC) control element (CE) has been received, wherein the MAC CE is used to indicate resuming the cell group; a second MAC CE has been received, wherein the second MAC CE is used to indicate switching a special cell (SpCell) and a secondary cell (SCell) in the cell group to an activated state; first downlink control information (DCI) has been received, wherein the first DCI is used to indicate resuming the cell group; second DCI has been received, wherein the second DCI is used to indicate switching the SpCell and the SCell in the cell group to the non-dormant bandwidth part (BWP); and a suspend timer expires, wherein the suspend timer is used for triggering resumption of the cell group. Conclusion THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. - Zhou et al (US 2024/0,121,727) disclose an RRC reconfiguration message received from the source base station may include configuration parameters for PHR functionality comprised in mac-CellGroupConfig., and the wireless device may perform cell group configuration for the received MCG comprised in the RRC reconfiguration message of the PCell - Kim et al (US 2022/0,022,067) disclose a UE terminal may report whether the terminal is able to activate the configuration information to the base station as a UE capability through an RRCResume message in an RRC connection resume procedure, wherein a message indicating cell group activation or resumption (e.g., an RRC message or an RRCReconfiguration) may include first channel measurement configuration information for rapid cell group activation. - Kim et al (US 2023/0,122,848) disclose a UE receiving a message including information for configuring a plurality of serving cells for the terminal, identifying whether a predetermined event for triggering a power headroom report (PHR) has occurred, and obtaining a power headroom value for an uplink carrier corresponding to an activated serving cell of the plurality of serving cells if the predetermined event has occurred 6. Any inquiry concerning this communication or earlier communications from the examiner should be directed to LANA N LE whose telephone number is (571) 272-7891. The examiner can normally be reached M-F 8:30am-4:30pm. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Wesley Kim, can be reached at (571) 272-7867. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /LANA N LE/Primary Examiner, Art Unit 2648
Read full office action

Prosecution Timeline

Show 5 earlier events
Dec 11, 2025
Notice of Allowance
Dec 11, 2025
Response after Non-Final Action
Dec 22, 2025
Response after Non-Final Action
Feb 11, 2026
Request for Continued Examination
Feb 18, 2026
Response after Non-Final Action
Mar 11, 2026
Non-Final Rejection mailed — §102, §103
Jun 10, 2026
Response Filed
Aug 28, 2026
Final Rejection mailed — §102, §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

5-6
Expected OA Rounds
82%
Grant Probability
96%
With Interview (+13.9%)
2y 11m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 615 resolved cases by this examiner. Grant probability derived from career allowance rate.

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